Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 80 - Treason, urging violence, advocating terrorism or genocide, and prohibited symbols and Nazi salute  

Subdivision C - Urging violence and advocating terrorism or genocide  

SECTION 80.2D   Advocating genocide  

(1)    
A person commits an offence if:

(a) the person advocates genocide; and

(b) the person engages in that conduct reckless as to whether another person will engage in genocide.

Note:

There is a defence in section 80.3 for acts done in good faith.

Penalty: Imprisonment for 7 years.

Double jeopardy

(2)    
A person cannot be tried by a federal court or a court of a State or Territory for an offence against subsection (1) if the person has already been convicted or acquitted by the International Criminal Court for an offence constituted by substantially the same conduct as constituted the offence against subsection (1).

Definitions

(3)    
In this section:

advocate
means counsel, promote, encourage or urge.

genocide
means the commission of an offence against Subdivision B (genocide) of Division 268 , other than:

(a) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to an offence against that Subdivision; or

(b) an offence against that Subdivision that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).

(4)    
A reference in this section to advocating genocide includes a reference to:

(a) advocating genocide, even if genocide does not occur; and

(b) advocating the commission of a specific offence that is genocide; and

(c) advocating the commission of more than one offence, each of which is genocide.